Fundamental rights of irregular migrants in the EU

Towards policy responses to irregular migration

Katholischen AkademieBerlin, 2 - 4 March 2011

Jana GAJDOSOVAEU Fundamental Rights Agency

The FRA

Seat: Vienna

Director: M. Kjaerum

Multi-annual Framework (2009-2011)9 Thematic Areas

1. Racism, xenophobia & related intolerance2. Discrimination on all grounds and multiple

discrimination3. Compensation of victims4. The rights of the child, including the protection

of children5. Asylum, immigration and integration6. Visa and border control 7. Participation in the Union’s democratic

functioning8. Information society and respect for private life9. Access to efficient and independent justice

FRA project on the situation of irregular migrants in the

European Union• The purpose of the project is to examine key

aspects of the social situation of irregular immigrants in the EU

• Areas covered: health, education, housing and social care, fair working conditions and access to justice

Expected outputs (2011)

Comparative report + Summary

Report

Non-removable irregular migrants

Practices to detect irregular migrants, which de facto discourage enjoyment of

fundamental rights

2 Case Studies

Domestic workers

Health Care

2 Thematic reports

27 EU

MS

10 E

UM

S

Comparative report1. Fundamental rights of irregular migrants

2. Non-removable persons

3. The size of the irregular migrant population

4. Healthcare

5. Employment-related rights

6. Education

7. Family Issues and Birth

8. Adequate standard of living

9. Immigration law enforcement and justice

Non-removable migrants

(preliminary results)

Obstacles to removal

Obstacles to removal

Legal & humanitarian

obstacles

Protection of family & private

life

Medical and health condition

Humanitarian situation in the

country of origin

Technical obstacles

Policy-related obstacles

Responses to non-removability

Non-removable migrants:preliminary conclusions

• In cases where the removal is not formally suspended, non-removable irregular migrants are at risk of arbitrary arrest and detention

• Where a formal suspension of removal is granted, access to basic socio-economic rights remains often inadequate

• Ways out of limbo difficult

Access to healthcare

(preliminary results)

Access to healthcare in EU 27

• Encouraging healthcare access on the local level: the example of Sweden

• Pro-active initiatives in a generally restrictive context: the example of three German cities

• Assisting irregular migrant women: the example of Italy and Greece

• Innovative ways to address mental health: the example of Belgium

Practices to be promoted (examples):

Conclusions

• Need for coherent policy responses for irregular migrants in legal limbo

• Need for an effective exchange of good practices in order to improve irregular migrants access to health care in practice

http://fra.europa.eu

For more information or publications:

Thank you for your attention!

contact us at: information@fra.europa.eu